This investigation shows that adolescents between 12 and 18 years of age are responsible for their legal acts and unlawful acts, as a consequence, for the commission of crimes that are typified in the Criminal Organic Integral Code must be judged by specialized judges, with a procedure of juvenile criminal justice and socio-educational measures are applied to protect and develop adolescent offenders, to guarantee their education, family integration and constructive inclusion to society; in addition, to promote the exercise of the other rights of the people, in accordance with the Constitution, the International Instruments and what the Code of Childhood and Adolescence.
So then, we see that socio-educational measures have a specific purpose. However, judicial decisions, as we see in this investigation, depart from these postulates. The judges literally impose the socio-educational measure, applying the principle of proportionality and because of the crime committed. They do not carry out a hermeneutic, doctrinal, legal analysis of what constitutes the doctrine of integral protection and the principle of superior interest that guarantee, especially to adolescent offenders, to achieve their integral development and the full enjoyment of their rights, in a framework of freedom, dignity and equity, a duty that is imposed on all administrative and judicial authorities in order to adjust their decisions and actions for compliance.
This research highlights the need to design standards for the application of socio-educational measures in crimes that are judged with privative and non-custodial socio-educational measures.
In that regard, we have designed, even if in a referential way, those standards that can be collected by both legislators and judges specialized in juvenile offenders.
We believe in the resocialization of the adolescent offender and for this, especially the administrators of justice in this matter, at the time of their judicial decisions to impose a socio-educational measure, they must make an adequate motivation that allows the imposed socio-educational measure to fulfill true objectives of insertion of the adolescent in society